SENTENCING - Causing death by criminal negligence - Causing bodily harm by criminal negligence - Prohibition orders - Motor vehicle

Law360 Canada ( October 18, 2024, 1:45 PM EDT) -- Appeal by Wolfe from a judgment of the Court of Appeal for Saskatchewan, which upheld his sentence. Wolfe was convicted of criminal negligence causing death and criminal negligence causing bodily harm. He was sentenced to three concurrent terms of incarceration with a global term of six years. The trial judge also imposed 10-year driving prohibitions on the criminal negligence causing death counts and a seven-year driving prohibition on the criminal negligence causing bodily harm count. With the adoption of Bill C-46, driving-specific offences were reorganized into a new part of the Criminal Code (Code). The general criminal negligence-based offences for which Wolfe was convicted were no longer expressly listed as giving rise to a discretionary driving prohibition under the new s. 320.24(4) of the Code. Wolfe appealed. The Court of Appeal interpreted s. 320.24(4) of the Code as preserving the ability of sentencing judges to impose a driving prohibition on an offender convicted of driving-related criminal negligence and dismissed the appeal. The sole issue before the Court was whether, in addition to Wolfe’s term of imprisonment, it remained lawful to impose the further punishment of a driving prohibition upon him....

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